The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws that prohibit workplace discrimination. Established by the Civil Rights Act of 1964, the EEOC ensures that employees and job applicants are treated fairly regardless of
- Race,
- Color,
- Religion,
- Sex (including gender identity and sexual orientation),
- National origin,
- Age (40 or older),
- Disability, or
- Genetic information.
Employees who have been discriminated against may file a complaint with the EEOC, which has the authority to investigate these charges, facilitate mediation and can pursue litigation against employers when necessary. Employees or applicants who believe they have faced discrimination must file a formal charge with the EEOC within 300 days of the last discriminatory act.
The EEOC’s jurisdiction covers most private employers with at least 15 employees, as well as government agencies and labor unions. It enforces laws like the Civil Rights Act, the Americans with Disabilities Act (ADA), the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), and others.
The goal of the complaint process is to put the victim of discrimination in the same position (or nearly the same) that they would have been if the discrimination had never occurred. Depending on the case, remedies may include reinstatement, compensatory and punitive damages, policy changes and implemented training.
The Texas Workforce Commission (TWC) is the Texas version of the Equal Employment Opportunity Commission (EEOC). The agency was created in 1995 to consolidate employment-related programs and responsibilities in Texas.
The TWC plays a vital role in workforce development and support across the state. Its primary functions include offering workforce training programs, adult education, and literacy services, as well as providing targeted support services such as childcare for specific populations. The agency also administers unemployment benefits and tax programs, monitors shifts in occupations and industries within the state, and works to combat discrimination in employment and housing through education and enforcement of both state and federal laws.
One such law they are responsible for administering is the Texas Commission on Human Rights Act (TCHRA) which protects employees against discrimination based on race, color, sex, national origin, religion, age, and disability.
Similar to the EEOC, the TWC handles complaints submitted by employees who have experienced workplace discrimination. Complaints filed with the TWC will automatically be filed with the EEOC as well so lawyers can pursue claims under both state and federal law.
Filing a charge of discrimination can seem daunting if you don’t have the right resources in front of you. There are many ways you can report your case and find compensation. Below are some of the options you have to file a complaint and protect your rights.
What counts as workplace discrimination?
Unfortunately, not all unfair treatment counts as discrimination. Discrimination occurs when an employee is unfairly treated based on a protected characteristic. These protected categories include:
- Race
- Color
- National origin
- Sex (including pregnancy, sexual orientation, and gender identity)
- Religion
- Age (40 and older)
- Disability
- Genetic information
It is illegal to discriminate against someone for these reasons under federal and state law. It also covers unfair treatment like firing and withholding wages as retaliation for previous complaints.
Report the discrimination internally
Many companies have policies requiring employees to report discrimination to HR or a designated supervisor before taking further action.
- Review your employee handbook for guidance on the reporting process.
- File an internal complaint in writing, clearly explaining what happened and how it violated company policies or laws.
Reporting internally gives your employer an opportunity to address the issue and shows that you tried to resolve it before reporting higher up.
File the complaint with a government agency
If internal reporting doesn’t resolve the issue—or if you fear retaliation—you can file a formal complaint with a government agency. In Texas, there are two main options:
-
Texas Workforce Commission (TWC)
If you live and work in Texas, we recommend you file with the TWC. Being a state agency, they have less on their plate than federal agencies and your complaint will automatically be dual-filed with the EEOC anyways.
- Filing Deadline: Within 180 days of the last discriminatory act. Within 300 days for sexual harassment cases
- How to File:
- Complete an intake form online
- Submit a complaint by email to EEOintake@twc.texas.gov
- Send your complaint by postal mail to
Texas Workforce Commission
Civil Rights Division
101 E 15th St, Guadalupe CRD
Austin, TX 78778-0001
2. Equal Employment Opportunity Commission (EEOC)
If you are not in the state of Texas and/or missed the deadline for the TWC, you may want to file with the EEOC which handles cases nationwide.
- Filing Deadline: Within 180 days of the last discriminatory act
- How to File:
- Online at the EEOC Public Portal
- In person at an EEOC field office
- Call the EEOC at 1-800-669-4000
- Send a written complaint by mail to one of their offices
The process after filing a charge generally looks the same for each agency. After the complaint has been filed, the agency will notify the employer of the complaint and try for mediation to resolve the issue without going to court. The TWC is usually quicker to get to mediation than the EEOC.
If mediation doesn’t work, then an investigation will begin where the agency will gather evidence, interview witnesses and ask both you and your employer for more information. This process can last up to a few months and will result in the agency’s decision on whether a violation has been found.
Consult an attorney
Workplace discrimination cases can be complex, and having an experienced attorney can make all the difference. An attorney who knows the ins-and-outs of the process can help you get your complaint filed quickly and smoothly. If a lawsuit is what you’re looking for, you’ll definitely need an employment discrimination lawyer who is familiar with the nuances of the field. But before filing a suit, you must receive a Notice of Right to Sue from the EEOC or TWC.
Dallas employment discrimination lawyers at Carter Law Group are ready to build a strong and effective case for you. Call 214-390-4173 or fill out our questionnaire for a free consultation.
One of the most commonly alleged forms of misconduct in workplace discrimination cases is retaliation. It occurs when an employer punishes an employee for engaging in legally protected activity, such as reporting discrimination, opposing unlawful practices, or participating in an investigation or legal proceedings related to workplace discrimination.
The EEOC prohibits employers from punishing job applicants or employees for upholding their right to be free from discrimination, including harassment. An employer may not punish an employee for protected activities including:
- Opposing discriminatory practices—for instance, for filing a complaint about workplace harassment, refusing to comply with discriminatory policies or resisting sexual advances.
- Participating in legal proceedings—such as serving as a witness or providing evidence in a workplace discrimination investigation (whistleblowing).
- Requesting reasonable accommodations for a disability or a religious practice.
The law prohibits retaliation regardless of whether the original discrimination complaint was ultimately found to have merit. As long as the employee acted in good faith and believed the conduct they opposed was unlawful, they are protected from retaliation.
Retaliation can include any adverse action an employer may take that could deter a reasonable person from participating in any of the above actions. Examples include:
- Termination or demotion
- Reduction in hours, pay, or benefits
- Negative performance evaluations
- Exclusion from opportunities like training, promotion, or projects
- Hostile work environment created in response to the protected activity
If you believe you have faced retaliation for asserting your workplace rights, Carter Law Group can help. Call us or fill out our questionnaire.
